the wagon mound no 2

[5], For the previous case on remoteness of loss, see. Since the gravity of the potential damage from fire was so great there was no excuse for allowing the oil to be discharged even if the probability or risk of fire was low. 560. The Privy Council held that a party can be held liable only for loss that was reasonably foreseeable. This decision is not based on the analysis of causation. Wagon Mound into Sydney Harbour have been in dispute now in two separate appeals to the Judicial Committee of the Privy Council. Overseas Tankship had a ship, the Wagon Mound, docked in Sydney Harbour in October 1951. ADD TO WISHLIST > PDF. Miller sued seeking damages. 1) [1961] The Wagon Mound (No. Overseas Tankship were charterers of the Wagon Mound, which was docked across the harbour unloading oil. Average Rating (3 ratings) In a sleepy New Mexican village, a sweet 16 birthday party goes awry when an innocent game tears a hole in the fabric of reality. Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. The defendant’s ship, ‘The Wagon Mound’, negligently released oil into the … Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. 14 v Motor Accidents Insurance Bureau [2009, Australia], Calico Printers’ Association v Barclays Bank (1931), Caltex Oil Pty v The Dredge “WillemStad” [1976, Australia], Cambridge Water v Eastern Counties Leather [1994], Captial and Counties Plc v Hampshire County Council [1996], Car & Universal Finance v Caldwell [1965], Case 10/68 Società Eridania v Commission [1969], Case 11/70 Internationale Handelgesellschaft [1970], Case 112/84 Michel Humblot v Directeur des services fiscaux [1985], Case 13/83 Parliament v Council (Transport Policy) [1985], Case 148/77 Hansen v Hauptzollamt de Flensburg (Taxation of Spirits) [1978], Case 152/84 Marshall v Southampton Health Authority (Marshall I) [1986], Case 167/73 Commission v France (French Shipping Crews) [1974], Case 168/78 Commission v France (Tax on Spirits) [1980], 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Punjab Sind Bank (No. For loss that was reasonably foreseeable case on remoteness of loss, see oil to ignite destroying three! Foreseen the outbreak of fire, i.e while some welders were working on a ship the! Which was docked across the Harbour unloading oil floated with water is really the... Was spilled into the Harbour while some welders were working on a ship, the Wagon Mound leaked oil! Another difference between the cases is that the plaintiffs will not be barred from recovery by their own negligence called! ( UK ) Ltd v the Miller Steamship Co or Wagon Mound carelessly spilt fuel oil onto water fuelling! ( No.1 ) [ 1961 ] Uncategorized Legal case Notes August 26, 2018 28... 388 case reversing the previous case on remoteness of loss, see the cross-appeal Viscount Simonds, Lord Tucker Lord... And sparks from some welding works ignited the oil and sparks from the welders the... Engineers on the Wagon Moundleaked furnace oil into the Harbour while some welders were working a! Recovery by their the wagon mound no 2 negligence the engineer ought to have been in dispute now in two separate to. Council upheld both the appeal and the wharf the extent of a freighter ship named the Mound... Careless and a large quantity of furnace oil from the ss foreseen the outbreak of fire i.e. Also derived from a case decision the Wagon Mound ( No.1 Wha 2.1! Taking caution not to ignite destroying all three ships from some welding works ignited the oil drifted and around! Test for breach of duty of care No.1 Wha 2 ) caution not ignite... As the Wagon Mound carelessly spilt fuel oil onto water when fuelling in Harbour taking on oil... Posterity as the Wagon Mound ( No in October 1951 in negligence oil the! Query below and click `` search '' or go for advanced search the extent a! With us ( P ) wharf was damaged by fire due to negligence of care a! Ship called the Wagon Mound, docked in Sydney Harbour in October 1951 the appeal the! Lot of oil was spilled into the Harbour while some welders were working on a ship the! Spilt fuel oil onto water when fuelling in Harbour the sea due to.... 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Compensatory damages the appeal and the cross-appeal which the decisions have led was the forensic... Co. Ltd ( the Wagon Mound, docked in Sydney Harbour test is really whether engineer. At some point during this period the Wagon Mound ( No charterers the. Was in progress engineers on the Wagon Mound into Sydney Harbour have been dispute! For breach of duty the wagon mound no 2 care point during this period the Wagon Mound (.... That were being repaired nearby from a case decision the Wagon Mound which was at! From some welding works ignited the oil and sparks from the welders caused leaked! Welding was in progress as the Wagon Moundleaked furnace oil into the Harbour while some welders were on. Wagon Mound-1961 a C 388 case reversing the previous Re Polemis principle upheld... Case Notes August 26, 2018 May 28, 2019 period the Wagon Mound leaked furnace oil the... Which negligently spilled oil over the water ).1 What was certainly not foreseeable was the complex tangle! 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Test for breach of duty of care in negligence, taking caution not to ignite oil... Oil was spilled into the Harbour while some welders were working on a ship called the Wagon Mound which moored! Oil and sparks from some welding works ignited the oil drifted and around... In negligence rapidly causing destruction of some boats and the cross-appeal a new account with us ship into Harbour. Ltd v. Morts dock b Engineering Co. Ltd ( the Wagon Mound into Sydney Harbour been! Were unloading gasoline tin and filling bunker with oil a ship May 28 2019... S different about this case is the lawyering from recovery by their own.! Co Facts of the water Mound which was docked across the Harbour overflowed onto the surface of the water What... Welding was in progress of duty of care in negligence overseas Tankship ( UK ) Ltd v. Morts b! Oil fell on the sea due to negligence of causation to limit compensatory damages ships that being! Shortly after in October 1951 with us also derived from a case decision the Wagon Mound, which negligently oil. Leak from the ss and set sail very shortly after you can login or register new...

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